The IPKat

SEPTEMBER 16, 2022

Copyright A High Court in South Africa delivered a judgment holding that certain provisions of the Advertising Regulatory Board ( ARB )’s Code of Advertising Practice were unconstitutional. In particular, the Istanbul Third Civil Intellectual Property Court issued a preliminary injunction regarding NFTs.

Reporting 67

Reporting Advertising Advertising Intellectual Property 67

Nelligan Law

FEBRUARY 23, 2022

Recognizing that junk science did not meet the threshold for admissibility, Justice Godbout noted that the father’s “anecdotal research on such a highly specialized topic carries little to no weight in the overall analysis when measured against the sound medical advice of our public health officials.”[2]

Social Media 136

Social Media Government Law Litigation 136

The IPKat

SEPTEMBER 16, 2021

The authors must have been quite busy, particularly in the past two years, diligently tracking the frequent IP law revisions (Trade Mark Law, Anti-Unfair Competition Law Revisions in 2019; Copyright Law and Patent Law Revisions in 2020) and, of course, the promulgation of the Civil Code (and the IP-related provisions therein) in 2020.

Intellectual Property Law 130

Intellectual Property Law Intellectual Property Editing Law 130

LexBlog IP

JULY 28, 2022

506 amending Articles 1359 and 1487 of the Russian Civil Code. This is a “compulsory licence” mechanism that exists in most countries and recently became a hot topic in relation to COVID vaccines. The abolition of compensation to patent and design owners established in “unfriendly” countries.

Intellectual Property 52

Intellectual Property Government Designs Design 52

Biswajit Sarkar Copyright Blog

JULY 11, 2022

One of the most contentious topics in arbitration is the arbitrability of IP disputes. The question at hand was whether an arbitral tribunal may rule on a lawsuit for the enforcement of a mortgage by sale and whether the topic at hand was under the purview of an arbitration agreement.

Intellectual Property 52

Intellectual Property Settlement IP Copyright 52

IP Tech Blog

JULY 28, 2022

506 amending Articles 1359 and 1487 of the Russian Civil Code. This is a “compulsory licence” mechanism that exists in most countries and recently became a hot topic in relation to COVID vaccines. The abolition of compensation to patent and design owners established in “unfriendly” countries.

Intellectual Property 57

Intellectual Property Government Designs Design 57

SpicyIP

MAY 3, 2023

Ascertaining Author’s Subjectivity from Beyond The Grave The term “legal representative” has been defined in the Indian Civil Procedure Code, 1908 to include those empowered to represent the estate of the deceased person. Can legal representatives substitute their own judgement in the vindication of the author’s moral right?

Moral Rights 105

Moral Rights Intellectual Property Settlement Copyright 105

LexBlog IP

FEBRUARY 7, 2024

Another development was the publication of the G7 voluntary code of conduct for developers of advanced AI systems. [10] 10] See Cleary Gottlieb, G7 Leaders Publish AI Code of Conduct: A Common Thread in the Patchwork of Emerging AI Regulations Globally? (1 1 November 2023), [link]. [11] 1 November 2023), [link]. [11]

Publishing 52

Publishing Government Litigation Inventor 52

The IPKat

FEBRUARY 23, 2023

In that regard, punitive damages for IPRs infringements have found their places in, but not limited to, China’s Civil Code (CCC), Copyright Law, Trade Mark Law and Patent Law (see former IPKat posts here and here ). For those who are interested in this topic, the chapter might be a fun read. Shelly: 'Oops!…You You did it again

Settlement 70

Settlement Patent Infringement Patent Intellectual Property 70

LexBlog IP

MAY 2, 2023

The potential threats stemming from the use of AI systems could affect cybersecurity, fair competition, consumer protection, equal opportunity, and civil rights. This Guidance covers some important topics. Open Source AI-based code generators (e.g., The AI RMF 1.0 CoPilot) are a powerful application of GAI.

Government 52

Government Business Copyright Licensing 52

IP Tech Blog

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Is this the same in the US and China? If yes, under what circumstances?

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

IIPRD

APRIL 13, 2023

In India, the topic of criminal punishment for copyright infringement has generated considerable controversy. Section 146 of the Indian Penal Code imposes a fine of INR 10 lakhs for noncompliance and criminal penalties of non-filing or willful, incomplete filing. Form 27 is the format in which the information must be submitted.

IP 52

IP Copyright Infringement Copyright Government 52

LexBlog IP

MAY 4, 2022

As a result of the above, the Court rejected GEA’s application as factually unfounded and ordered GEA to pay the defendants their legal costs under article 176 of the Code of Civil Procedure. This is an extremely important decision. or idaroussou@metaxopouloslaw.gr ).

Contracts 52

Contracts Music Related Rights Television 52

43(B)log

JUNE 29, 2023

1 ask of civil society: keep us involved in the process; no particular ask other than role in interpretation. Might be broken down by topic. Bernt Hugenholtz: complexity reflects European tradition of civil law in the books, and other reasons, many already pointed out—desire to deal w/urgent tech developments, etc.

Law 52

Law Privacy Litigation Social Media 52

LexBlog IP

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Is this the same in the US and China? If yes, under what circumstances?

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Kluwer Copyright Blog

OCTOBER 2, 2023

In particular, the retention of, and access to, civil identity data linked to the IP address used should be allowed in cases where those data are the only means of investigation that make it possible to identify the perpetrators of copyright infringements committed exclusively on the internet.

Copyright Law 75

Copyright Law Law Copyright Copying 75

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance.

Blogging 83

Blogging Copyright Settlement Music 83

43(B)log

FEBRUARY 24, 2021

NPRM, July 2020 on Made in USA claims, codifying current enforcement policy and adding ability to seek civil penalties: need all or virtually all of manufacture, or component parts/ingredients, to make Made in USA and related claims. Division of authority may not be clear so may have to ask both agencies and then pick one to apply to.

Advertising 40

Advertising Advertising Law Privacy 40

LexBlog IP

NOVEMBER 1, 2023

The Statement was accompanied by the Hiroshima Process International Code of Conduct for Organizations Developing Advanced AI Systems (the “ Code of Conduct ”)[2] and the Hiroshima Process International Guiding Principles for Advanced AI Systems (the “ Guiding Principles ”).[3] For example, in the U.S.,

Publishing 52

Publishing Government Intellectual Property Technology 52

Kluwer Copyright Blog

AUGUST 12, 2021

The so-called “conditional irresponsibility” of online content-sharing service providers (OCSSPs) with regards to copyright infringements is a never-ending, vexing, and daunting topic not only for scholars (see here , here , here and here ), but also for the European Court of Justice itself (CJEU). 147 ECL) and moral rights (art.

Copyright 103

Copyright Moral Rights Copyright Infringement Marketing 103

The IPKat

JUNE 4, 2022

On the topic of unauthorized use of a celebrity’s image, readers might recall the IPKat post covering the high-profile Michael Jordan case in China in 2017. Last month, the Supreme People’s Court of China (SPC) released nine Typical civil cases of judicial protection of personality rights after the promulgation of the Civil Code of China.

Personality Rights 80

Personality Rights Music Advertising Advertising 80

Velocity of Content

DECEMBER 13, 2023

According to the Administration, “[t]he Executive Order establishes new standards for Artificial Intelligence (AI) safety and security, protects Americans’ privacy, advances equity and civil rights, stands up for consumers and workers, promotes innovation and competition, advances American leadership around the world, and more.”

Privacy 52

Privacy Copyright Reporting Licensing 52

LexBlog IP

JUNE 28, 2023

Interpreting this provision, the Court held that article 65(2)(2) of the Copyright Law was introduced to address the difficulty of calculating the property damage in case of infringement of rights to intangible goods according to article 298 of the Civil Code.

Copying 52

Copying Copyright Law Copyright Editing 52

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. b) Top 10 IP Judgments/Orders (Jurisprudence/Legal Lucidity) and. c) Top 10 Other IP Developments. H Lundbeck A/S v. Hetero Drugs Ltd [Delhi High Court].

IP 143

IP Intellectual Property Copyright Trademark 143

LexBlog IP

APRIL 15, 2022

The Auction Law of PRC [7] and relevant regulations share quite a number of provisions with the PRC Civil Code, the Anti-unfair Competition Law and the Product Liability Law and also contain auction-specific provisions such as conflict of interest rules and auction procedures. The regulation of galleries is even less strict.

Art 52

Art Marketing Marketing Artwork 52

Kluwer Copyright Blog

NOVEMBER 29, 2021

Furthermore, “best efforts” would be defined as “efforts that can be expected under the given circumstances”, which reflects the common standard of the Hungarian Civil Code. The Act did not take too many extra risks, however.

Cease and Desist 115

Cease and Desist Copyright Government Publishing 115

IP and Legal Filings

DECEMBER 21, 2023

The States are required to provide “the same opportunities to participate actively in sports and physical education” to “men and women” according to Article 10(g) of this treaty, which deals with the topic at hand. Under Articles 226 and 32 citizens are free to approach High Court or even Supreme Court. [18]

Reporting 76

Reporting Journalism Government Law 76

Technology & Marketing Law Blog

JANUARY 18, 2022

Unsurprisingly, courts are also struggling with FOSTA’s core drafting ambiguity (that was highlighted for Congress during its deliberations) about the level of scienter applicable to the sex trafficking civil claim. Students: this post surfaces numerous potential paper topics. THE MINDGEEK LITIGATION. Ruling #1: Doe v.

Blogging 119

Blogging Reporting Publishing Law 119

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB. a stay, or the denial thereof, will reduce the burden of litigation on the parties to the civil action and the court. Institution Reviewability. Courts must consider whether. Courts must consider whether.

Reporting 52

Reporting Art Invention Patent 52

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co. CCI and Monsanto v.

IP 124

IP Copyright Trademark Intellectual Property 124

Trading Secrets

DECEMBER 29, 2022

This has spilled over into civil class action lawsuits brought by employees alleging that the conspiracy impacted their wages and careers or that they have been otherwise harmed by these so-called no-poach agreements. Code Section 15.50(a). 1337) and the Defend Trade Secrets Act, 18 U.S.C.

Confidentiality 59

Confidentiality Business Law Contracts 59

LexBlog IP

DECEMBER 29, 2022

This has spilled over into civil class action lawsuits brought by employees alleging that the conspiracy impacted their wages and careers or that they have been otherwise harmed by these so-called no-poach agreements. Code Section 15.50(a). § 1337) and the Defend Trade Secrets Act, 18 U.S.C. §

Confidentiality 40

Confidentiality Business Law Contracts 40

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Biosimilar Code Name. The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., Biosimilars Approved as of 2021.

Litigation 52

Litigation Settlement Patent Marketing 52

Technology & Marketing Law Blog

OCTOBER 29, 2023

I hope you enjoy these 2,800 words on legal topics you assumed were definitively resolved over a dozen years ago.] The A/B test suggests Gmail’s filter flagged the RNC’s email coding, not its content or sender identity. It is thus not a common carrier under California Civil Code section 2168.

Marketing 111

Marketing Marketing Social Media Law 111